06-096 C.M.R. ch. 2, § 27 - Criteria for Revocation, Suspension, Modification or Corrective Action

The Department may revoke, suspend, or modify a license or prescribe necessary corrective action only if the Commissioner, pursuant to section 25 of this rule, or the Board, pursuant to section 26 of this rule, finds that:

(1) the licensee has violated any condition of the license;

(2) the licensee has obtained a license by misrepresenting or failing to disclose fully all relevant facts;

(3) the licensed discharge or activity poses a threat to human health or the environment;

(4) the license fails to include any standard or limitation legally required on the date of issuance;

(5) there has been a change in any condition or circumstance that requires revocation or suspension of a license;

(6) there has been a change in any condition or circumstance that requires a corrective action or a temporary or permanent modification of the terms of the license;

(7) the licensee has violated any law administered by the Department; or

(8) the license fails to include any standard or limitation required pursuant to the federal Clean Air Act Amendments of 1990.

Additionally, the Department may initiate modification of a waste discharge license for the reasons set forth in 38 M.R.S. § 414-A(5)(B)(1) through (7).

The Commissioner may revoke or suspend a license as authorized 38 M.R.S. §342(11)(B) and this section at any time, including during the pendency of a judicial appeal of a final decision regarding the license.

Notes

06-096 C.M.R. ch. 2, § 27